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FRANCIS KARIOKI MURUATETU & WILSON THIRIMBU MWANGI V. REPUBLIC, KENYA NATIONAL COMMISSION ON HUMAN RIGHTS, KENYA SECTION OF THE INTERNATIONAL INTERESTED COMMISSION OF JURISTS, LEGAL RESOURCES FOUNDATION, KATIBA INSTITUTE & DEATH PENALTY PROJECT

(2016) JELR 104893 (SC)

Supreme Court  •  Petition 15 & 16 of 2015 (Consolidated)  •  28 Jan 2016  •  Kenya

Coram
Kalpana Hasmukhrai Rawal Jackton Boma Ojwang Mohammed Khadhar Ibrahim Smokin C Wanjala Susanna Njoki Ndungu

Judgement

RULING

INTRODUCTION

[1] There are three applications before the Court in which the applicants severally seek enjoinment in this matter.

[2] The First is a notice of motion application dated 22nd September, 2015 and filed on even date by the Death Penalty Project which seeks to be enjoined in the consolidated petitions as an amicus curiae and, once so admitted, to be granted leave to present both oral and written submissions. The application is premised on grounds, inter alia, that:

the intended amicus is an institution with expertise in criminal law, constitutional law and international human rights law, in particular in relation to the death penalty; it seeks the Court’s permission to be admitted in this case as amicus in the capacity of legal expert;

the intended amicus seeks leave to assist the Court with the interpretation and application of relevant constitutional principles, international law and foreign comparative law; in particular it will address the sentencing principles and pro…

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